Ex parte Sing Lee

The petitioner was, at the date of the issuance and service of the writ of habeas corpus herein, restrained of his liberty by the marshal of the town of Chico, upon a charge of having violated section 1 of a certain ordinance of that town, “in that he did . . . . unlawfully establish, maintain, and carry on the business of a public laundry .... without having first obtained a written permit from the board of trustees of said town to establish, maintain, and carry on such public laundry.”

It is claimed by the petitioner that the section of the ordinance which he is charged with violating is unconstitutional, and that therefore his imprisonment is. illegal. For the purpose of passing upon the question thus presented, it is only necessary to consider sections 1 and 2 of the ordinance referred to. They are as follows: —

1. It is provided by section 11 of article XI. of the constitution of this state that “ any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws,” and it is argued here, in behalf of respondent, that the ordinance in question is a police regulation, and…